who is a parent

Question 1

who is a parent

Answer 1

changing meanings
rational term- no parent without a child
originally- god/organisation
now more personal- father mother

Question 2

when does one become a parent?

Answer 2

culturally dependant
birth- legally
-C v S 1988- cant sue on behalf of child for abortion as legally child not a human until birth
-St George’s Helathcase NHS trust 1998- fetus has certain rights, right to life in some circumstances
-Re G 2006- Lady hale, not 1 meaning of a parent, both here parents either biologically or psychologically, here biological slightly favoured in residence order, but both got some contact

Question 3

mothers

Answer 3

-G (declaration of parentage:removal of person identified as mother from birth certificate) 2018- recognised surrogate as mother not person on birth certificate
-Human fertilization and embryology act 2008 sc 33(1)- the person who gives birth is automatically the mother
-lesbian mums- parent not mother unless show no consent to the placing of sperm or egg in the mother
-trans dad who gives birth- R (McConnell and YY) v registrar general 2020- counted as mother on birth certfiicate

Question 4

surrogacy

Answer 4

-surrogacy arrangements act 1985- can make arrangements before pregnancy to carry a child and hand over with PR to other people
-default- surrogate mother, genetic father is father (if mother is married, husband may be prsumed father pending tests)
- after birth- apply for parental order

Question 5

parental orders

Answer 5

-sc54 HFEA 2008- removes parent status from mother and grants parents raising child
-within 6 month of birth
-over 18
-CV/ married/enduring relationship
-child must be living with them
-current legal parents consent
-Gametes from atleast 1 applicant must have been used
-not as a result of money changing hands

Question 6

limits on surrogacy

Answer 6

-re x 2014- applied 2 years over time limit/ werent living together,court needs to consider the wellbeing of child, court can be flexible for the wellbeing of the child
-Re Z 2016- requirement of them being a couple is critical
-AB v CD 2018- surrogate was parent as couldnt give order to single parent, so child arrangement order made
-Re H 1993- court gave parenthood to those rasining child, as tendency to award it to those the child lives with

Question 7

breaking surrogacy agreements

Answer 7

S1(a) surrogacy arrangements act 1985- surrogacy arrangements are not enforceable/no breach of contract
-go by what is the best interest of the child
-Re P 2008- surrogate lied to commissioning parents (misacrried), kept child, evidence of mental instability and character, best interest to live with commissioning parensts
-Re TT 2011-should not attach undue weight to original promise of giving up baby, here mother genuinly changed mind

Question 8

fathers

Answer 8

-married to mother at time of conception, they are the father
-Thorphe LJ Re H and A 2002- before DNA testing this filled alot of the gaps (here lover assumed dad a wouldnt be genetically tested)
-father if on birth certificate (of mother decides so)

Question 9

sperm donors

Answer 9

-licensed clinic=default not father if wishes
-if sperm used against wishes you are automatically father
-donated after 2005- child has a right to know the donors identity
-if donor dies, sperm can be used unless consented before

-statutory presumption that husband of woman who accepted sperm donor is father, unless didnt consent
-leeds teaching hospital NHS trust v A 2003-wrong sperm given, neither father

Question 10

ending parenthood

Answer 10

-if adoption order made
-parental order made